Advanced Issues in Bankruptcy Asset Sales: Potential Opportunities and Pitfalls for Buyers
Navigating the Complexities of IP Assets, Successor Liability, Joint and Consortium Bidding, and More
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss issues that buyers may face in more complicated Sec. 363 bankruptcy acquisitions, including transactions that include significant intellectual property or cross-border components, closing a Sec. 363 purchase in the face of third-party opposition, among other complex Sec. 363 challenges.
- Transactions with significant intellectual property
- Sellers with insolvency proceedings in multiple jurisdictions
- Closing sale with threatened appeal—limits of 363(m) protections
- Successor liability issues
- Consent issues with counterparties to assumed and assigned contracts
- Joint or consortium bids—navigating 363(n) anti-collusion provisions
- Does a Sec. 363 sale provide any opportunity for a buyer to purchase intellectual property free of existing licenses, commitments to standard setting organizations, or infringement liability?
- What approvals are required when assets are being purchased from a seller with insolvency proceedings pending in multiple jurisdictions? What is the best process for seeking those approvals?
- How can a buyer calibrate the risk of relying on Sec. 363(m) good faith protections when closing a sale in the face of a threatened or pending appeal?
- How can a buyer structure a closing to mitigate successor liability issues?
- How much credit can a buyer give to “negative notice” consent to counterparties to assumed and assigned contracts?
- What does Sec. 363(n) prevent, and how can potential joint or consortium buyers steer clear of possible collusion claims?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
George W. Shuster, Jr.
Wilmer Cutler Pickering Hale & Dorr
Mr. Shuster's practice focuses on bankruptcy, insolvency risk mitigation, out-of-court restructurings and debt... | Read More
Mr. Shuster's practice focuses on bankruptcy, insolvency risk mitigation, out-of-court restructurings and debt finance transactions. He represents creditors, lenders, bondholders, borrowers and debtors in finance, UCC, bankruptcy and financial restructuring transactions and litigation. He has experience in mitigating insolvency risk in intellectual property transactions and in cross-border insolvency.Close
Benjamin W. Loveland
He ie is a member of the Firm's Bankruptcy and Financial Restructuring Practice Group. His practice focuses... | Read More
He ie is a member of the Firm's Bankruptcy and Financial Restructuring Practice Group. His practice focuses on both debt financing and bankruptcy-related litigation.Close